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Criminal Law

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For screenplay research what are some technical reasons someone…

Customer Question

For screenplay research: what are...

For screenplay research: what are some technical reasons someone can have murder charges dismissed in California? In the story, the suspect is found covered in the victim's blood, is discovered with the body and murder weapon. The suspect is found under the influence of narcotics and has prior charges for theft and assault.

Yes. If the suspect was no coherent, then they should wait to give Miranda. If they don't then that can be used as a technical reason to dismiss. The one thing you need to understand about Miranda is only evidence obtained after Miranda would be ruled inadmissible.

In other words, if they could get a conviction on evidence obtained before Miranda then the Miranda doesn't make a difference. It is only the evidence obtained afterwords which could be ruled inadmissible.

If you have further questions, post them here, so I may continue to assist you.

Did you give me negative feedback? If so, could you contact [email protected] and ask them to rescind it, please.

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Customer reply replied 8 years ago

Thanks. Gave neutral feedback but will replace for positive. Sorry about that.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).